State of New Jersey, Plaintiff-Respondent v. Leonel Canola, A/K/A Leon Vasquez, Defendant-Appellant

Summary

The Supreme Court of New Jersey held that under N.J.S.A. 2A:113-1 a felon is not liable for felony murder when the death is that of a co‑felon killed by a resisting victim, and therefore reversed the Appellate Division's conviction for the co‑felon's murder. The Court based its decision on a construction of the statute's "ensues clause" that limits liability to the felon or his accomplices. A dissent argued that the clause should extend liability to any death proximately caused by the felony, and a concurring opinion agreed with the result but emphasized a different legislative intent. The judgment of the Appellate Division was modified to strike the co‑felon murder conviction.